INSURANCE LAW SYLLABUS FALL 2013

INSURANCE LAWSYLLABUSFALL 2013Class schedule:Tuesday – 5:00pm – 6:40pmCourse materials:Principles of Insurance Law (Stempel, Swisher, Knutsen)Fourth EditionClass handoutsCourse goals and objectives:The objective of this course is to provide an introduction to and overview of the operation of theinsurance and risk management system, the types of insurance policies and their applications,basic theoretical concepts of insurance and the applicable law governing insurance, with anemphasis on the practical aspects of insurance in the practice of law. This course is designed toprovide an overview of the theory and operation of insurance. The major forms of insurance willbe surveyed with an analysis of insurance policy construction and judicial resolution of recurringcoverage issues. Considerable attention will also be given to the lawyer’s role and conductwhen representing a policyholder’s defense to a claim pursuant to a liability insurance policy andthe rights and obligations of policyholders and insurers. By the end of the semester, studentsshould have a basic understanding of insurance theory and practice, the law of insurance, and theoperation of insurance within the American system of dispute resolution. Students should alsobe capable of representing either policyholders or insurers in connection with insurance coverageand claims handling matters (assuming the student is otherwise qualified and competent tofunction as an attorney.)Attendance:Attendance is required and will be taken every class period either by the circulation of a sign-insheet (please write legibly). A student should sign only his or her own name to the sign-in sheet.Each student is allowed a maximum of two unexcused absences from class.If you are absent for what you believe is an appropriate excuse (e.g. illness, opportunity to join areality show with seven-figure prize), please notify me in writing, preferably via email and I willconsider the absence and treat it accordingly. Absences due to job interviews, leisure or othereducational pursuits will generally not be excused. If a student is absent from class for anappropriate reason, please arrange to obtain notes from a classmate. NOTE: Repeated yetexcused absences necessarily will affect your participation score because you cannotparticipate if you are not in class. Also, class sessions are not recorded on a regular basis

so there will be no tape available for viewing should you miss a class. Students are notpermitted to record class sessions on their own.Questions concerning this absence/participation policy should be raised in class so we canaddress it immediately.Class participation:Class participation is necessary to generate discussions that vary in substance, opinion andtheory. The knowledge you learn will be much broader if there is regular class interaction, andthe class will be much more enjoyable under these circumstances.In the event you are not prepared to discuss the materials assigned for the day, please notify mein advance of class. You can email me, call me or tell me before class starts. Do not waituntil I call on you and then tell me. I will not be upset or think any less of you as I knowthings occur that can limit or prevent entirely your ability to prepare and study. However, this“absence” from class participation should be used on a limited basis and only when trulynecessary. It will be analyzed in conjunction with class *************************************The “NOTES AND QUESTIONS” sections throughout the reading provide furtheranalyses of the competing issues and rationales raised by various courts. These sections ofreading are critical to a broad understanding of the topics, and will often be the subject ofdiscussions in **********************************Class conduct:All students are expected to observe a modicum of decorum, civility and personal hygiene (i.e. atleast minimum compliance with state and federal health laws). This means, at a minimum:Be seated and prepared for class at the class start time. I am reasonable, andunderstand that late arrival is sometimes unavoidable. I would rather have you arrive laterather than skip class. However, please do not make it a habit.Once class starts, please remain seated. Students with special medical needsshould inform me. Otherwise, I will assume that all students are capable of sitting stilland deferring bathroom breaks.No side conversations during class. If you have a question about the reading,class discussion, or other aspects of the course, ask me. If the question is too“individual” to discuss before the entire class, we can address it after class or by phone oremail.

No snide commentary or joking remarks about the comments of other students.Typically, the sociopolitical view of a law school class ranges from Karl Marx to Attilathe Hun. The theological spectrum typically ranges from atheism to double born-againzealotry (sometimes for more than one god). The mental abilities of the class are moretightly bunched but on certain days even the best students will say something that mayappear to be “wrong” or even “silly”. I expect all students to show civility toward oneanother and respect the views of one another – and not to be shy about expressing theirown views. Disagreement and discussion are encouraged but should be conducted in acivil and professional manner. In addition to doing this because you want to at least actlike a good person, your own self-interest should compel civility. Remember, ten yearsfrom now, the fellow student you are tempted to attack in class may be a judge presidingover your biggest case or a legislator presiding over legislation vital to one of yourclients.No eating in class (except for the subtle use of cough drops or lozenges whennecessary). Beverages are permitted but please refrain from spilling, slurping or sloshingthe drink. Also, please keep your seating areas neat and clean while you are in class, andwhen you leave class, for the sake of the next students who will sit there.Religious holidays:If you miss class because of observation of a religious holiday, this will be counted as an excusedabsence and you will have up to one week to make up any assignments that may have beenadministered in a class that you miss. Generally, however, I will not administer in-class writingassignments on a recognized religious holiday, so this should not be a problem. Please obtainnotes from a trusted classmate and/or consult with classmates to see what was covered in yourabsence. Remember as well: if an assignment is due by a certain date and that falls on a religiousholiday, you are not thereby granted an extension of the deadline; rather, you must makealternative arrangements for turning in an assignment if you are not in class on the designatedday.Disabilities:If you have a documented disability that may require assistance, you will need to contact me tocoordinate your academic accommodations.Emergency Procedures:Emergency Procedures. Southern Illinois University Carbondale is committed to providing asafe and healthy environment for study and work. Because some health and safety circumstancesare beyond our control, we ask that you become familiar with the SIUC Emergency ResponsePlan and Building Emergency Response Team (BERT) program. Emergency responseinformation is available on posters in buildings on campus, available on BERT's website atwww.bert.siu.edu, Department of Safety’s website www.dps.siu.edu (disaster drop down) and inEmergency Response Guideline pamphlet. Know how to respond to each type of emergency.

Instructors will provide guidance and direction to students in the classroom in the event of anemergency affecting your location. It is important that you follow these instructions and staywith your instructor during an evacuation or sheltering emergency. The Building EmergencyResponse Team will provide assistance to your instructor in evacuating the building orsheltering within the facility.Laptops:I have no objection to the use of a laptop in class as I believe it increases your ability to takenotes and simultaneously engage in classroom discussions. However, should I see, or evensuspect, that you are using the laptop during class for any purpose other than taking notes(e.g. email, surfing the web, instant messaging, etc.), I retain sole discretion to terminateyour use of the laptop in that class and future classes. This applies to individual students andthe class as a whole should it become a widespread problem.Recording of class:Class sessions will not be recorded so if you miss a class, be sure to get good notes from anotherstudent.Grading:Class participation: 20%Written assignments: 20%Final exam:60%The final exam will be 2 hours. The exam will be a multiple choice exam.Conferences:As an Adjunct Professor, I do not have an assigned office at the law school. I am routinelyavailable after class or before class with advanced notice. I will also provide you with myphone number in the first class as well as email address (which is also available on TWEN).Should you need to meet with me or let me know of an absence, the preferred method to arrangesame or advise of same is via email. We can then arrange a convenient time to meet thereafter.Reading assignments:After the class roster is finalized (likely in week 2), I will break up the reading assignments soyou will only be open to being called on in approximately ½ the class meetings. You are fullyresponsible for reading the full assignment each and every week and the final exam will coverthe entirety of the reading assignments. Do not mistake the fact that I will not call on you inany given class as an “out” for not reading and understanding the material.

SYLLABUSReading assignments are subject to change at any time and notice will be given.August 20, 2013Chapter 1:pp. 1-9, 16-32 (stop before [B]), 48 (Section 1.04)-58 (last sentence finishes on59), 95 [B]-97Insurance History and Fundamental ConceptsChapter 2:§2.15, pp. 187-195Contract Law, Legal Theory, and the Construction of the Insurance ContractAugust 27, 2013Chapter 4:pp. 293-318 (stop before Murphy), 328-347, 350-352 (End of Daddy Money)The Formation, Operation and Termination of the Insurance ContractSeptember 3, 2013Chapter 5:pp. 373-413The Insurable Interest RequirementSeptember 10, 2013Chapter 6:pp. 429-475Insurer’s Limitation of Risk: Warranties, Representations and ConcealmentHandout: Declaratory Judgment writing assignmentDue at the beginning of class on October 8, 2013September 17, 2013Chapter 7:pp. 491-518The Insured’s Defenses: Waiver, Estoppel, Election and Contract ReformationChapter 8:pp. 525-526, 543-546Causation and the Concept of AccidentSeptember 24, 2013 – No class tonightOctober 1, 2013 – No class tonightOctober 8, 2013

Chapter 9:pp. 567-594, 634-647Duties of the Policyholder and Insurer After LossOctober 15, 2013Chapter 10: pp. 657-691 (stop before [E]), 696 ([F])-701Property Insurance IssuesOctober 22, 2013Chapter 10: pp. 733 (§10.03)-738, 747-752Amount of Loss, miscellaneous property topicsRead – Appendix C – Homeowner’s policy (do a general overview of it)Chapter 12: pp. 915-932, 954-966Life & HealthOctober 29, 2013Chapter 11: pp. 777-807Liability Insurance IssuesNovember 5, 2013Chapter 13: pp. 987-1031Automobile InsuranceNovember 12, 2013Chapter 13: pp. 1031-1043Automobile InsuranceChapter 10: pp. 758-775Subrogationwww.arbfile.orgHandout:Written assignment due on November 26, 2013 at the beginning of class.Arbitration Forums ContentionsNovember 19, 2013 – Class reviewQuestion and answer session regarding class materials and final exam preparation.November 26, 2013 - No class. Thanksgiving break.

insurance and risk management system, the types of insurance policies and their applications, basic theoretical concepts of insurance and the applicable law governing insurance, with an emphasis on the practical aspects of insurance in the practice of law. This course is designed to prov